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What are the Conditions attached to the Licence? | Housing in Multiple Occupation (HMO) | Sandwell Council

Housing in Multiple Occupation (HMO)

What are the Conditions attached to the Licence?

Conditions are a list of instructions to the Landlord. You are to follow these instructions and if you don’t then you could face getting your Licence taken off you. It is an offence to fail to comply without reasonable excuse with any such conditions within the specified time limit(s) and may result in a fine up to £5000.

With some Licences, we may add some more conditions which are specific to your property. For example, there may be a problem where the Landlord hasn’t done some work on the property when he said he would. So, on the Licence, there may be a condition which states that the Landlord is to do that specific work and if he doesn’t then he can get his Licence taken off him and/or get a penalty fine.

Here is the full list of conditions that will be on your full Licence: 

  • The licensed premises will comply with all statutory requirements including Management Regulations as outlined in the Management of Houses in Multiple Occupation (England) Regulations 2006.
  • Anti-social behaviour within the premises will be dealt with under the terms of the Tenancy Agreement.
  • Anti-social behaviour outside the building is notified to the Council and the Police by the Licence holder or Manager who will work with them to eliminate it.
  • Maintenance reports must be supplied to the council annually with regards to Emergency Lighting, Fire Detection and Alarm Systems.
  • Within the common part of the HMO, there must be: copy of the HMO Licence, copy of the current Gas Safety Certificate, and the name, address and telephone number of the Licence Holder or Manager of the property. These will have to be clearly displayed so that everyone has easy access to it. 
  • The Licence Holder or Manager will provide, to any Authorised Officer of the Council, access into the licensed premises and as when required to do so.
  • To undertake all works contained in any Schedule of Works issued by the Council within 1 MONTH, unless otherwise stated, not withstanding any rights of appeal.
  • The Licence Holder must inform the Council of any changes in circumstances relating to ownership, usage, layout or increase in the number of occupants which will result in exceeding the number of permitted occupants for the licensed premises.
  • Gas Supply and Appliances - To provide to the local authority annually a Gas Safety Certificate obtained in respect of the property within the last 12 months carried out on the gas supply and all gas appliances by a Gas Safe registered gas installer. To ensure that all recommendations outlined in the Landlord Gas Safety Record are complied with.
  • Electrical Installations - To ensure that the fixed Electrical Installation of the premises is inspected and tested at intervals not exceeding 5 years by a person qualified to undertake such inspection and testing and must provide to the Council, on demand, a current periodic electrical inspection certificate for the premises in accordance with British Standard 7671. All recommendations for urgent attention and improvement (codes 1 and 2) should be carried out within a reasonable period of time and in any case not less than 3 months.
  • Energy Performance Certificate - To ensure there is a current Energy Performance Certificate and that none of the letting units are below an E rating.
  • Electrical Appliances - To keep all electrical appliances provided within the property by the licence holder (or on his/her behalf) in a safe condition. To provide to the local housing authority, on demand, a declaration as to the safety of such electrical appliances.
  • Furniture - Keep all furniture provided within the property by the Licence Holder (or on his/her behalf) in a safe condition. To this extent all such furnishings should comply with the Furnishings (Fire)(Safety) Regulations 1988. To provide to the local housing authority, on demand, a declaration as to the safety of such furniture.
  • Provision of Standard Amenities - The premises must be provided with sufficient and adequate standard amenities for use by the maximum number of occupants (as specified in the Licence) according to the type of accommodation offered in accordance with the Councils amenity standards and “The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England) Regulations 2006”. All standard amenities and equipment provided for use by the occupiers of the premises are maintained in good repair and proper working order. The Minimum Room Size From 1st October 2018 the minimum size of a sleeping room in a HMO will be 6.51 square meters for a single person and 10.22 square meters for two people.
  • Provision and Maintenance of Heating - Each unit of accommodation within the premises plus all bathrooms, whether shared or for exclusive use are adequately heated and capable of maintaining an indoor temperature of at least 18°C in habitable rooms when the outdoor temperature is -1°C. Heating should be controllable by the tenants and safely and properly installed and maintained. Where the system is centrally controlled, the tenants should be provided with thermostatic controls within their individual unit. Where this condition is not met at the time of issuing the licence, this condition must be met within 3 months of the Licence issue date.
  • Fire Precautions - To adopt the Homestamp “A Guide to Fire and Security Protection in Multi-Occupied Residential Properties” standard within the property. To ensure that smoke alarms are installed in the house and kept in proper working order. To provide to the local authority, on demand, a declaration as to the position and condition of the smoke alarms. This information may be provided either in written form or in a detailed plan (not to scale).
  • Information to Tenants - To supply to the occupiers of the house a written statement of the terms of their tenancy/occupancy agreement. To have a written complaints procedure – available on request.
  • Deposits - If a deposit is taken, to register said deposit, taken on, or after 6th April 2007 with either scheme outlined by the Government under the 2004 Housing Act, informing the tenant of which scheme is being used.
  • Waste Disposal - To ensure that all waste products are properly disposed of from the property in accordance with local refuse collection and recycling schemes. 
  • Training - All staff are required to undertake appropriate training courses to enable them to carry out their duties and to provide the council, on demand, a record of such training.